• Insights

The Impact of Comprehensive Sickness Insurance on EEA Permanent Residency

March 28, 2017

Countries / Territories

  • 🌐

Related offices

  • Brussels
  • Frankfurt
  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brussels
  • Frankfurt
  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brussels
  • Frankfurt
  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

According to a recent Liberal Democrats analysis reported in The Guardian, in the last two quarters of 2016, more than 12,800 EU citizens had their permanent residency requests refused with a further 5,500 declared invalid, a rejection rate of around 28%.

To qualify for permanent residency in the UK, EEA nationals need five years of continued residence in the UK and must meet certain criteria. We are aware of a recent trend in residency applications submitted by EEA citizens relying on the period of time spent as students or as self-sufficient persons being refused on the grounds that they did not hold Comprehensive Sickness Insurance (CSI) coverage. These cases highlight a little-known requirement, which has the capacity to seriously prejudice an application for permanent residency.

When do EEA Nationals Require Comprehensive Sickness Insurance?

Under EU law, EEA citizens who are students, or self-sufficient persons resident in another member state for more than 3 months must have their own medical insurance. The CSI rule was designed as a barrier against benefit tourism.

This covers applications for Residence Cards and Permanent Residence cards, and also applies to non-EEA family members applying on the basis that their EEA national family member is exercising Treaty rights and sponsoring them in the UK.

Applicants must submit evidence that they:

  1. Have sufficient resources for themselves and family members so as not to become a burden on the social assistance system of the host Member State and have comprehensive sickness insurance cover in the host Member State; or
  2. Are enrolled as students within the host Member State and have Comprehensive Sickness Insurance cover and assure the national authorities that they have sufficient resources for themselves and family members not to become a burden on the social assistance system of the host Member State during their period of residence; or
  3. Are family members of Union citizens falling within one of the above categories.

Applications will normally be refused if none of these conditions are met.

What Documents can an EEA National or their Family Members Provide to Show they have CSI?

EEA nationals applying for documentation confirming their right to reside in the UK as a student or self-sufficient person must present one of the following forms of evidence covering the duration of period of residence in the UK.

For applications for a registration certificate or a residence card, they must provide one of the following documents to show they have CSI: 

  1. A comprehensive insurance policy document confirming that the applicant has private medical insurance. When considering what is ‘comprehensive, the caseworker may accept for example, a policy containing certain exemptions if the applicant is  covered by  the  policy  for medical treatment in the majority of circumstances; or
  2. For persons temporarily in the UK, a valid European Health Insurance Card (EHIC). The EHIC is the replacement for form E111. It must have been issued by a member state other than the UK because the member state that issued the card will cover the cost of treatment. The applicant must also provide a statement of intent that they intend to return to their home country; or  
  3. In certain circumstances, Form S1, S2 or S3. The S1 form is a certificate of entitlement to health care in another EEA country for a limited duration and may only be used in limited circumstances; for example, by state pensioners or dependents of an insured person working in another Member State. The S2 form covers the actual cost of treatment; for example, for insured persons who are referred for specific treatment in another EEA country or Switzerland. The S3 form will cover the cost of treatment; for example, for retired frontier workers continuing treatment in the Member State they previously worked.

For applications for a document certifying permanent residence or a permanent residence card, they must provide one of the following documents or a combination of these documents covering the whole of their 5 years continuous residence in the UK:  

  1. A comprehensive private medical insurance policy document; or 
  2. A valid European Health Insurance Card (EHIC) issued by an EEA member state other than the UK (or its predecessor form E111); or 
  3. Form S1 (or its predecessor forms E109 or E121), Form S2 (or its predecessor form E112) or Form S3. 

If the applicant submits an EHIC which does not cover the whole of the period relied upon, or does not feature a valid from date, they must also submit evidence from the issuing authority confirming that they held a valid EHIC card for the period relied upon. 

If the applicant submits Forms S1, S2 or S3 they must provide one or a combination of these forms for their 5 years continuous residence. It is possible to apply to the country of origin retrospectively for these certificates.

What Happens If You have not had CSI and Your Application is Refused?

A refusal means that Permanent Residence will not be granted, but this does not mean removal from the UK.

There were growing fears among EEA citizens that they would be deported for not complying with the requirement to have CSI after a German student was warned by a UKVI official that she could be removed if she could not show insurance documents.  

On 1st March 2017, the Home Office confirmed that this will not be acted upon, and issued the following statement:

“EU citizens will not be removed from the UK or refused entry solely because they do not have comprehensive sickness insurance.”

Countries / Territories

  • 🌐

Related offices

  • Brussels
  • Frankfurt
  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brussels
  • Frankfurt
  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brussels
  • Frankfurt
  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.Learn more

Awards

Fragomen Receives Three 2026 Cartus Awards

Fragomen received three recognitions at the 2026 Cartus Global Network Conference for excellence in service, sustainability leadership and global citizenship.

Learn more
Generic Insights

Blog post

Net Migration Policy: An Explainer Comparing Australia, Canada and the UK

Partner Jack (Eui Chul) Kim, Senior Counsel Dr. Anna Boucher, UK Government Affairs Strategy Director Shuyeb Muquit and Articling Student David Mucz examine how Australia, Canada and the UK measure net migration. They compare efforts to reduce migration with the need to maintain access to international talent, and explain the potential effects on employers, labor markets and economic growth.

Learn more

Media mentions

Bloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope

Partner K. Edward Raleigh discusses how US employers should consider displacement and conduct a risk analysis when assessing H-1B filings in light of recent policy changes.

Learn more

Blog post

The Compliance Risks of International Remote Working and Hush Trips

International remote working can offer valuable flexibility, but undisclosed “hush trips” may expose employers to immigration, social security, insurance, employment-law and tax risks that they cannot properly assess or manage.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger examines recent policy changes and litigation affecting the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence, and the considerations for US employers recruiting and retaining early-career international talent.

Learn more

Media mentions

The National Interest: How Boosting Your Privacy Will Make America More Secure

Managing Director, Digital Identity Amit Sharma explores how digital identity can strengthen privacy and security.

Learn more

Media mentions

CEDA: The Drive to Reduce Net Overseas Migration and the Challenges for Business

Managing Partner, Australia and New Zealand Teresa Liu discusses how Australia’s efforts to reduce net overseas migration are affecting businesses amid ongoing skilled workforce shortages.

Learn more

Media mentions

Australian Broadcasting Corporation: Overnights

Senior Counsel Dr. Anna Boucher discusses Australia’s net migration figures and recent changes to the country’s migration policies.

Learn more

Blog post

Can International Graduates in the Netherlands Qualify for the 30% Ruling? Eligibility Rules Explained

Tiemen Peters, Silvia Norte Mercade and Soraya Driessen outline when international graduates who studied in the Netherlands may qualify for the 30% ruling and the key eligibility, timing and compliance considerations for graduates and employers.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Fragomen news

Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.Learn more

Awards

Fragomen Receives Three 2026 Cartus Awards

Fragomen received three recognitions at the 2026 Cartus Global Network Conference for excellence in service, sustainability leadership and global citizenship.

Learn more
Generic Insights

Blog post

Net Migration Policy: An Explainer Comparing Australia, Canada and the UK

Partner Jack (Eui Chul) Kim, Senior Counsel Dr. Anna Boucher, UK Government Affairs Strategy Director Shuyeb Muquit and Articling Student David Mucz examine how Australia, Canada and the UK measure net migration. They compare efforts to reduce migration with the need to maintain access to international talent, and explain the potential effects on employers, labor markets and economic growth.

Learn more

Media mentions

Bloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope

Partner K. Edward Raleigh discusses how US employers should consider displacement and conduct a risk analysis when assessing H-1B filings in light of recent policy changes.

Learn more

Blog post

The Compliance Risks of International Remote Working and Hush Trips

International remote working can offer valuable flexibility, but undisclosed “hush trips” may expose employers to immigration, social security, insurance, employment-law and tax risks that they cannot properly assess or manage.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger examines recent policy changes and litigation affecting the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence, and the considerations for US employers recruiting and retaining early-career international talent.

Learn more

Media mentions

The National Interest: How Boosting Your Privacy Will Make America More Secure

Managing Director, Digital Identity Amit Sharma explores how digital identity can strengthen privacy and security.

Learn more

Media mentions

CEDA: The Drive to Reduce Net Overseas Migration and the Challenges for Business

Managing Partner, Australia and New Zealand Teresa Liu discusses how Australia’s efforts to reduce net overseas migration are affecting businesses amid ongoing skilled workforce shortages.

Learn more

Media mentions

Australian Broadcasting Corporation: Overnights

Senior Counsel Dr. Anna Boucher discusses Australia’s net migration figures and recent changes to the country’s migration policies.

Learn more

Blog post

Can International Graduates in the Netherlands Qualify for the 30% Ruling? Eligibility Rules Explained

Tiemen Peters, Silvia Norte Mercade and Soraya Driessen outline when international graduates who studied in the Netherlands may qualify for the 30% ruling and the key eligibility, timing and compliance considerations for graduates and employers.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
September 23, 2026 | South AfricaSouth Africa: New Law Would Increase Locals in Labor Market
September 24, 2026Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.
September 24, 2026 | CanadaFragomen Receives Three 2026 Cartus Awards
September 24, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
September 24, 2026 | QatarQatar: Wage Protection System Rules Amended
September 23, 2026 | South AfricaSouth Africa: New Law Would Increase Locals in Labor Market
September 24, 2026Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.
September 24, 2026 | CanadaFragomen Receives Three 2026 Cartus Awards
September 24, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
September 24, 2026 | QatarQatar: Wage Protection System Rules Amended
September 23, 2026 | South AfricaSouth Africa: New Law Would Increase Locals in Labor Market
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.